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Become a member to discover new products and get an extra 10% off everything you buy.

Effective Date: October 1, 2017
Last Updated: October 1, 2017. What changed? We improved the terms for the ipsy Cash Program as follows: (i) we lowered the ipsy Cash payout balance to $5; (ii) cash back payouts will occur monthly as long as you have the requisite minimum balance; and (iii) we lengthened the expiration period for pending ipsy Cash to 2 years if your balance is consistently below $5 during that period

Terms of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING WWW.IPSY.COM (THE "SITE") OR ANY SERVICE OFFERED BY PERSONALIZED BEAUTY DISCOVERY, INC. ("IPSY," "WE," OR "US"). UNLESS YOU ACCEPT THIS AGREEMENT YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY IPSY SERVICE. BY VISITING, BROWSING, OR USING THE SITE OR ANY IPSY SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT.

This Agreement applies to all Site visitors and users of the Site or ipsy Services. If you don't agree with any term or condition in this Agreement, please don't use the Site or any ipsy Service. If you have any questions, please refer to the Site's FAQs at help.ipsy.com/. If you don't find your answer there, email us using this link: help.ipsy.com/customer/portal/emails/new.

  1. WELCOME TO IPSY!
    ipsy operates an online beauty community on the Site and on social networking platforms controlled by ipsy such as the ipsy Facebook® and Google+ pages, the ipsy Instagram® and Pinterest® boards, the ipsy Twitter® feed and the ipsy YouTube channel (collectively, the "ipsy Online Community"). Our community is a place for you to express your unique beauty.
    If you take the beauty quiz on our Site and register on ipsy.com you become an "ipster". There is no payment required to become an ipster.
    You are not required to use social media at all to become an ipster. We hope you share your unique beauty with other ipsters in the ipsy Online Community, but you are not required to do so.
    ipsy offers its community members six beauty services: Glam Bag Memberships, Points, ipsy Offers, ipsy Shopper and the ipsy Cash program (collectively, the "ipsy Services").
    1. Glam Bag Subscriptions
      ipsters residing in the 50 United States, the District of Columbia, ("United States") or Canada may subscribe to receive monthly cosmetics bags ("Glam Bags") containing full-size or deluxe sample-size beauty products. ipsy offers two different recurring payment options to subscribe to the Glam Bag Membership : (1) an automatically billed monthly subscription ("Monthly Membership"); and (2) an automatically billed annual subscription ("Annual Membership"). You can subscribe here: www.ipsy.com/subscribe. There may be a waitlist to receive your first Glam Bag. You will not be billed until you are taken off the waitlist and a Glam Bag is being prepared for you. You can read more about the waitlist below.
      Glam Bag Contents:  Glam Bags typically contain 5 beauty items. The contents of each Glam Bag will vary from month to month. We attempt to customize your Glam Bag based on your ipsy beauty profile, your product reviews and other feedback you choose to provide to us from time to time, but we make no guarantees that you will receive a particular product.
      Monthly Subscription:  By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.
      • AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe and are off the waitlist, ipsy will automatically process your Monthly Subscription fee in the next billing cycle. ipsy will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate, until you cancel your subscription. We explain how to cancel your Monthly Subscription below at the Section "Cancellation Policy".

      Annual Subscription: By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service (after you are off the waitlist). After one year and annually thereafter, you will be billed  a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Annual Subscription anytime before the next billing cycle, subject to the terms of our cancellation policy.

      • AUTOMATIC ANNUAL RENEWAL TERMS: We bill your credit card for the Annual Subscription renewal fee in the first month of your next Annual Subscription.

        For example, let's say you purchased an Annual Subscription beginning in May 2015 and ending in April 2016. We will bill you for the second year (May 2016 to April 2017) in May 2016, unless you cancel your Annual Subscription before May 2016. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, ipsy will automatically process your Annual Subscription fee at the then-current Annual Subscription rate. We explain how to cancel your Annual Subscription below at the Section "Cancellation Policy".

      Waitlist: Our Glam Bags are in high demand so you may be placed on a waitlist when you first subscribe to the program. We try to convert members from the waitlist into active members as quickly as possible, but the timing depends on a number of important factors including our ability to find and source the best and highest-quality brands and products that successfully meet the personal interests and needs identified in each new subscriber's beauty profile. We never want to compromise the caliber or experience of the Glam Bag program.

      Skip the Waitlist: At different points each month, we communicate through email and the ipsy Facebook page special promotions to skip the waitlist. These promotions are intended to reward our biggest fans for helping to spread the word about ipsy through social media. Skipping the waitlist is not required and is at each ipster's discretion.

      • You may cancel your Monthly Subscription at any time by logging into your account, clicking on My Account/Subscription & Purchases, and following the cancellation procedures described there. If you need help, feel free to email us using this link: help.ipsy.com/customer/portal/emails/new. If you are on the waitlist you cannot cancel by logging into your account, so please email us using the same link to cancel your waitlist Monthly Subscription. If you cancel your Monthly Subscription, the cancellation will take effect for your next Glam Bag monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect.

      • Cancellation Policy for Annual Subscription Renewals: Annual Subscription fees are non-refundable. You may cancel your Annual Subscription renewal at any time after you are billed for the then-current year and before you are billed for the next year, by logging into your account, clicking on MyAccount/Subscription & Purchases, and following the cancellation procedures or by emailing us using this link: help.ipsy.com/customer/portal/emails/new

      If you cancel your Glam Bag Membership you can re-subscribe any time, subject to the waitlist.

      No Returns: You may not return any Glam Bag you receive. If you have concerns about the Glam Bag you have received or any of the products in it, please email ipsyCare using this link: help.ipsy.com/customer/portal/emails/new. We will work with you to address your concerns.

    2. Points Program

      ipsters residing in the United States or Canada may earn points redeemable on the Site ("Points") for certain rewards products. You are automatically enrolled in the Points program when you become an active ipsy Member by subscribing to the Glam Bag Membership or by getting on the waitlist to subscribe. You can find our Points program here: www.ipsy.com/points.

      Earning Points: To earn Points, you must be an active Glam Bag subscriber or on the waitlist. You can earn Points in a variety of ways, including following ipsy Creators and referring your friends to ipsy. Check out the Site's Points tab for more information.

      Refer a Friend: You may earn points by referring a friend to join ipsy through one of the referral methods described at the Site’s Points tab. Please only refer friends whom you personally know. You may be disqualified from the Points program and forfeit all of your accumulated points if ipsy learns that you are using the referral tools to send spam to people you don’t know. While you may send referral messages to as many friends as you like, you may only earn points for a maximum of 40 friends per calendar year who join ipsy from your referral through email, text messages, or direct messaging through Facebook or Twitter. For purposes of this program, a calendar year is January 1 to December 31.

      Points Balance: You can check your Points balance at any time by signing into your ipsy account and checking your Points tab on the Site.

      Redeeming Points: To redeem Points you must have an active Glam Bag Membership. If you are on the waitlist you can't redeem Points until you are off the waitlist and purchase an active Glam Bag Membership. Any earned Points remain in your account until they expire. Points are redeemable towards rewards products ("Rewards") available on the Site as long as you have sufficient points for a Reward. Points can be used to redeem only one of each type of Reward. Redemption values will vary. The maximum number of Rewards that can be collected is nine per calendar month per ipsy Member. Your Points have zero cash value, so you can't redeem them for cash or credit. To redeem your Points, simply go into your Activity Log and view the Rewards available at that time. If you see something you like and you have earned the required number of Points, click the button that says "REDEEM THIS". When you click this button, your Points will be used, and the Reward you have chosen will be shipped in your next Glam Bag shipping cycle.

      Expiration of Points: Points expire one year from the date they were first earned even if you have an active Glam Bag Membership or on the waitlist. If you don't redeem your Points within this time frame, you will automatically forfeit them. Your Points Activity shows you the dates on which you earned your Points.

      Limited Availability of Rewards: Rewards quantities are limited and are available only while supplies last.

      No Returns: Rewards earned by redeeming points are not returnable for a refund or credit. Since Points have no cash value, we will not issue any cash or credit for them.

      Effect of Glam Bag Membership Cancellation: If you cancel your Glam Bag Membership, we will save your Points until their expiration date one year from the date they were first earned. If you re-subscribe to the membership before the Points expire, your Points will be right there waiting for you, though they will be subject to expiration one year from the date they were first earned (see "Expiration of Points" Section above). If you cancel your Glam Bag Membership before we are able to ship you a Reward you requested, then we will refund the Points used for that Reward to your account.

      Questions: If you have any questions about the Points program, please visit us at help.ipsy.com.

    3. ipsy Offers

      ipsy uncovers amazing beauty finds from brands we love and offers them for purchase on the Site to ipsters residing in the United States. You can find ipsy Offers here: www.ipsy.com/offers.

      How to purchase an ipsy Offer: Go to www.ipsy.com/offers to find ipsy Offers. We also post ipsy Offers on our social media platforms on a regular basis, so keep an eye out for great products at great prices! You do not need to be an ipster to purchase ipsy Offers.

      Limited Availability: ipsy Offers are available for purchase only during the Offer period and only while supplies last, on a first-come, first-served basis. Quantities will be very limited.

      Receiving Your ipsy Offer: If you purchase a particular ipsy Offer, you will receive an email from ipsy confirming all of the details of your order ("Confirmation Email"). Orders you don't cancel (see "Cancellation of ipsy Offer" Section below) will be shipped to the address on file in your ipsy account. We ship by standard ground shipping. Certain ipsy Offers may qualify for discounted or free shipping; all such ipsy Offers will be clearly labeled.

      Cancellation of ipsy Offer: You may cancel your ipsy Offer order after receiving the Confirmation Email, but only if we have not shipped the Offer to you yet. You must write to us using this link help.ipsy.com/customer/portal/emails/new to cancel your ipsy Offer.

      Returns: If you are not entirely happy with your ipsy Offer, you may return it to ipsy within 30 days of your purchase. All returned ipsy Offers must be unused, in their original packaging and in new and sellable condition. ipsy will refund the purchase price back to the credit card you used, less a USD$5.00 restocking fee. Refunds may take up to ten business days to process. Return shipping and handling are free when you contact ipsyCare and use the return label that we provide. We will not refund original shipping charges unless an error on our part caused the return. Because of the limited quantities of ipsy Offers, there will be no exchanges.

      Questions: If you have any questions about ipsy Offers, please see our FAQs at: help.ipsy.com

    4. ipsy Shopper

      ipsy Shopper By accessing ipsy Shopper at ipsy.com, you are agreeing to these Terms, and any other terms or policies we may link to from third parties that sell products through ipsy Shopper (“Retail Partners”), or that are related to ipsy Shopper. BECAUSE WE LINK TO OUR RETAIL PARTNERS’WEBSITES THAT WE DO NOT CONTROL, YOU MAY ALSO BE REQUIRED TO AGREE TO THE TERMS OF USE OF SUCH RETAIL PARTNERS’SITES OR APPS AS WELL..

      We’re Your Gateway to the Best in Beauty.  Currently, you must be an active ipsy Member to access the ipsy Shopper page on our website or app (collectively,"ipsy Shopper"), and you will be asked for the ipsy Member email and password connected to your membership. ipsy Shopper offers you great beauty products, special offers, and services from our Retail Partners.

      Product Availability. Because ipsy Shopper is a marketplace that allows you to take advantage of the best our Retail Partners have to offer, we make efforts to ensure products displayed through ipsy Shopper are available for purchase from the Retail Partner, but we cannot guarantee featured items are available, and we cannot guarantee their quantity or quality. Also, although we make every effort to display the product as it looks in real life, it’s not always possible to make it perfect every time. Screen displays and different viewing options mean your colors may display differently than the actual product. ipsy is not responsible for the display of any color, texture or detail of its merchandise on your mobile or device screen and cannot and does not guarantee the accuracy of any representation. If you are dissatisfied with any item you purchase through ipsy Shopper, please contact a member of our ipsyCare team at help.ipsy.com/customer/portal/emails/new. You may also want to review our Return Policy below.

      We try to keep our ipsy Shopper tidy and up to date. Once we are alerted that an item is out of stock, we will attempt to remove the item promptly from display, but please be aware that display of an item is not a guarantee that the item is currently in stock nor is it a guarantee that the item will be available later. If you cannot find a particular item that you saw on an earlier visit, it’s probably out of stock. 

      Limits on Transactions. ipsy Shopper is for individual use, and we do not authorize the purchase of our merchandise for resale purposes. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

      Pricing and Use in the United States. Prices are in United States ("U.S.") currency. All information we collect and information related to orders through ipsy Shopper is processed within the United States. Because product information in ipsy Shopper is provided according to U.S. standards, we make no guarantees that ipsy Shopper, and the products and services offered through ipsy Shopper, are appropriate or available for use in locations outside the U.S. You agree to comply with all applicable laws, rules and regulations in connection with your use of ipsy Shopper. It is possible that ipsy Shopper may be downloaded from outside the U.S. If so, it is subject to government export control or other restrictions. ipsy Cash, described below, may only be earned, redeemed, or cashed out within the U.S. and deposited in U.S.-based bank accounts. You acknowledge these restrictions and agree to either represent that you are not subject to them or agree you will comply with all applicable laws regarding the transmission of technical data exported from the U.S.

      Creating an Account.  Currently, you must be an active ipsy Member to use ipsy Shopper. That means, when and if you use ipsy Shopper, you will need to log into your account at ipsy.com or on the ipsy App to access Shopper. Remember, it is your sole responsibility to maintain the confidentiality of your e-mail address, password and any other account identifiers related to any personal account you create in ipsy.com or in the ipsy App and to restrict access to your information.

      Rebates, Coupons, and Special Offers.  From time to time, ipsy will give you the opportunity to take advantage of special offers (collectively "Shopper Offers") on ipsy Shopper. All Shopper Offers are for a limited time only and while supplies last. The terms of these offers will be displayed in the area where you see the Shopper Offers, including their expiration dates and any other limitation or clarifications about how to redeem the Shopper Offers, including the item(s) eligible for the Shopper Offers. Shopper Offers are only for the products or services listed and unless otherwise indicated, for a single purchase or a single item per natural person. Coupons may not be used more than once, in most cases. Coupons and special offers may not be redeemed for cash, unless otherwise indicated. 

      ipsy Cash. The ipsy Cash Program ("ipsy Cash Program") is a loyalty and promotional program offered by ipsy, which rewards eligible Members for shopping on ipsy Shopper and maintaining a paid ipsy Membership. By maintaining a paid ipsy Membership and purchasing products on ipsy Shopper, eligible Members can earn ipsy Cash rewards ("ipsy Cash") which will be converted into cash back (real money) that will be issued to you once you have earned a minimum dollar amount in your ipsy online account.

      Eligibility.

      To participate in the ipsy Cash Program, you must be a legal resident of the U.S., provide a valid U.S. mailing address, and maintain your paid ipsy Membership continuously from the time you make an Eligible Purchase through the time your ipsy Cash is credited to your online account (“ipsy Cash Account”) and until your ipsy Cash is either redeemed for ipsy products or cashed out. Though you must continue to pay for your monthly Glam Bag Membership to be eligible to receive ipsy Cash, there is no additional charge to enroll in the ipsy Cash Program or to earn ipsy Cash. IF YOUR PAID IPSY MEMBERSHIP IS CANCELLED FOR ANY REASON, OR YOU ARE NO LONGER AN ELIGIBLE IPSY MEMBER, YOU WILL FORFEIT ALL OF YOUR PENDING AND AVAILABLE IPSY CASH.

      IF YOUR IPSY CASH ACCOUNT BALANCE REMAINS BELOW $5 FOR TWENTY-FOUR (24) CONSECUTIVE MONTHS, THE AMOUNT IN YOUR ACCOUNT WILL BE FORFEITED and ipsy may close the account permanently and cease to maintain your account records and access to the ipsy Cash Program. Maintenance of your inactive account will not cause your account balance to become negative and will not cause you to owe money to ipsy.

      If you decide to pause your paid Glam Bag Membership or skip a month, you will not be eligible to earn ipsy Cash during the months you are not receiving the Glam Bag. Any ipsy Cash earned prior to the pause period will remain in your account until you resume your Glam Bag membership. Keep in mind that if your ipsy Cash account balance remains below $5 for twenty-four (24) consecutive months, including the paused months, the amount in your ipsy Cash Account will be forfeited.

      Earning ipsy Cash.

      An eligible ipsy Member has the opportunity to earn ipsy Cash by making a purchase of eligible items through their account on ipsy Shopper (“Eligible Purchase”). If you make an Eligible Purchase, the amount of ipsy Cash disclosed on the product page where the eligible item is listed for sale will be included in your ipsy Cash Account as “pending” ipsy Cash. It can take up to one hundred and forty (140) calendar days for your “pending” ipsy Cash to vest and become “available” ipsy Cash, which may then be redeemed for ipsy products or cashed out. You must remain an eligible ipsy Member and maintain your paid ipsy Membership continuously until the ipsy Cash is credited and becomes “available” in your ipsy Cash Account, and until your ipsy Cash is issued to you. We may, in our discretion, decide to make your pending ipsy Cash available sooner. Until it is credited to your account and becomes available, the ipsy Cash earned on an Eligible Purchase will be pending and will not be available for you to redeem or cash out. IF YOUR PAID MEMBERSHIP IS CANCELLED FOR ANY REASON, OR YOU FAIL TO REMAIN AN ELIGIBLE MEMBER ON THE DAY THAT IPSY CASH IS PAID OUT, ALL OF YOUR “PENDING” AND “AVAILABLE” IPSY CASH WILL BE FORFEITED AND LOST.

      Not all purchases on ipsy.com are Eligible Purchases. Each product page will list the amount of ipsy Cash that may be earned with the purchase, if any. If a product page does not state the amount of ipsy Cash that may be earned with purchase, then the purchase of that item is not an Eligible Purchase and no ipsy Cash will be earned on that purchase. Eligible Purchases do not include the purchase of gift cards and other credits. We reserve the right to exclude additional transactions or transaction types at any time. ipsy Cash earned on an Eligible Purchase will be rescinded in the event that the Eligible Purchase is cancelled or is returned for a refund. ipsy Cash may never be purchased.

      When you shop with us or access your ipsy Cash Account, we may tell you the amount of ipsy Cash that you will earn should you make an Eligible Purchase, the amount of ipsy Cash that is pending on a prior Eligible Purchase, the date that pending ipsy Cash will be credited and become available, and/or the date your ipsy Cash is expected to be cashed out. We will try to provide accurate information, but we cannot guarantee the accuracy of this information.

      Receiving Cash Back.

      From time to time, we will “cash out” the available balance in your ipsy Cash Account, and provide it to you as “cash back.” You must have at least $5.00 in available ipsy Cash in your account on the cash out date in order to receive cash back. A cash out may be issued in the form of a check drawn on a U.S. financial institution or through other payment methods that we may make available from time to time. Cash outs will be paid in U.S. Dollars only. We will mail checks to your U.S. mailing address on file.

      ipsy Cash may not be redeemed for the purchase of gift cards, or products and services sold by third parties, even if you purchase these items through the ipsy Shopper App or on ipsy.com.  We reserve the sole and exclusive right to determine which products may or may not be purchased with ipsy Cash. ipsy Cash is nontransferable.   Items purchased with ipsy Cash may not be returned or exchanged for cash.

      Receiving Cash Back.

      From time to time, we will “cash out” the available balance in your ipsy Cash Account, and provide it to you as “cash back.” You must have at least $5.00 in available ipsy Cash in your account on the cash out date in order to receive cash back. A cash out may be issued in the form of a check drawn on a U.S. financial institution or through other payment methods that we may make available from time to time. Cash outs will be paid in U.S. Dollars only. We will mail checks to your U.S. mailing address on file.

      TO BE ELIGIBLE TO HAVE YOUR IPSY CASH CASHED OUT, YOU MUST MAINTAIN A PAID IPSY MEMBERSHIP CONTINUOUSLY FROM THE TIME YOU MAKE AN ELIGIBLE PURCHASE, UNTIL THE TIME THE IPSY CASH IS CASHED OUT.   You must also establish and maintain an active online account with the information necessary to process the payment: a valid email address at which you are able to receive email, a valid U.S. mailing address at which you are able to receive mail, your first and last name, and a designated cash out method. Failure to provide and maintain this information may result in our inability to cash out or deliver your ipsy Cash, and you will forfeit your ipsy Cash. 

      Once your ipsy Cash has been cashed out, it will no longer appear in your ipsy Cash Account, and it will no longer be available. 

      If you continuously remain a paid ipsy member, have at least $5.00 in available ipsy Cash on the cash out date, your ipsy Cash available balance will be cashed out automatically. We may tell you when your ipsy Cash will automatically be cashed out, but we cannot guarantee the accuracy of this information and reserve the right to change the date on which your ipsy Cash is cashed out. We may also offer additional cash out methods, or discontinue cash out methods at any time. 

      If you choose to receive a check from us, you must deposit the check within six (6) months of the date the check was issued. FAILURE TO DEPOSIT OR CASH THE CHECK WITHIN SIX (6) MONTHS WILL RESULT IN THE EXPIRATION OF THE CHECK AND UNDERLYING FUNDS, AND YOU WILL FORFEIT YOUR IPSY CASH. We will not re-issue an expired check, and we are not responsible for expired, undelivered or lost checks, unless required by law.

      Please note that a credit and/or cash out of ipsy Cash earned on Eligible Purchases made from some of our Retail Partners may be delayed due to delayed processing and reporting by these Retail Partners.  We reserve the right to delay a credit or cash out of ipsy Cash at any time for any reason, including changes to our Retail Partners’ policies and procedures.

      We are not responsible for lost or stolen payments, including checks. We are not responsible for payments delivered to the wrong address through no fault of our own or for payment errors made by payment partners.

      Expiration

      Available ipsy Cash automatically expires if the balance in your account remains below $5 for twenty-four (24) consecutive months. You will also lose your available ipsy Cash if your paid ipsy Membership is cancelled for any reason or if you fail to remain an eligible ipsy Member.

      Pending ipsy Cash earned on an Eligible Purchase will not be credited if your paid ipsy Membership is cancelled for any reason, or you fail to remain an eligible ipsy Member.

      Program Limitations, Qualifications & Disclaimers.

      The ipsy Cash that is issued to you, whether received by electronic means or by check, may be taxable. You are solely responsible for reporting such items on your tax return and paying any associated tax liability.

      ipsy Cash has no cash value until it is issued. Any ipsy Cash that is expired or forfeited will not be reinstated.

      ipsy may, in its sole and absolute discretion, cancel, modify, suspend or terminate the ipsy Cash Program, including the availability of any person’s ipsy Cash and the cash proceeds of ipsy Cash, at any time, with or without notice. It is your responsibility to check these Terms, the ipsy privacy policy and the ipsy app regularly to determine whether these Terms or other terms of use included in your Agreement have been modified. Your continued participation in the ipsy Cash Program or use of ipsy Shopper shall be deemed to be your acceptance of any such modification. If you do not agree to any modification of these Terms, you must immediately cease participation in the ipsy Cash Program. 

      We make no warranty in any respect as to any ipsy Cash, merchandise, or service available through the ipsy Cash Program.

      Except for willful misconduct or gross negligence on the part of ipsy, by participating in the ipsy Cash Program, you release ipsy and its parent, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the ipsy Cash Program and/or the use of ipsy Cash.

      You agree to indemnify and hold ipsy, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any party due to or arising out of your use of the ipsy Cash Program.

      Cancellations, Returns or Exchanges.Not happy?  Please check the return and exchange policy of the Retail Partner for the product you purchased for whether you can cancel, return, or exchange an order.  Note that the policy for each Retail Partner may differ. Some do not accept returns and others may require a restocking fee. You may find a list of our Retail Partners here.

      If a return or exchange is possible, ipsy will be happy to help. Just contact a member of our ipsyCare team at help.ipsy.com/customer/portal/emails/new

      When you return a product, any ipsy Cash earned from that purchase and issued to you will be deducted from your refund. If the ipsy Cash has not yet been issued, your ipsy Cash Account will be adjusted accordingly.

      Using the ipsy App

      By downloading and using the ipsy app, you are able to access, browse, purchase products (we’ll call them “Products”). Products will be shipped to you by our Retail Partners from within the U.S.

      Your use of the ipsy software is governed by an end user license agreement (“EULA”) between you and ipsy, and you agreed to that agreement when you downloaded the ipsy app. If you have decided you do not want to comply with our EULA, you must not use the ipsy App. ipsy is the licensor of this App and grants you a limited right to use it for the purposes set forth in the EULA. Generally, the following terms apply:

      • ipsy grants you a limited, nontransferable license to download and use the ipsy App only for your personal and noncommercial purposes. You may download additional copies of the App to compatible Android devices that have been linked to the ipsy.com customer account that you used to access the App in accordance with ipsy's rules and policies for the App.

      • Any information that we collect from you or your device will be subject to our EULA, privacy notice, or similar terms that we provide to you.

      • The ipsy App is protected by copyright and other intellectual property laws and treaties. Unless otherwise expressly stated in the EULA you agreed to upon downloading the ipsy App, we or our licensors own all title, copyright and other intellectual property rights in the ipsy App, which is licensed, not sold.

      • You acknowledge and agree that ipsy has no responsibility or liability with respect to your use of the ipsy App or any content or functionality in the ipsy App.

      • You agree to use the ipsy App in compliance with all applicable laws, including all export and re-export restrictions and regulations of the Department of Commerce and other U.S. agencies and authorities that may apply to any app. We reserve the right to change, remove, suspend, or disable any App without notice or liability. We may modify, suspend or discontinue the ipsy App, in whole or in part, at any time without notice.

      • The ipsy App is operated in the U.S. We may restrict access to ipsy Shopper and ipsy Cash from other locations.

      Your right to use ipsy Shopper is determined by your compliance with these Terms and ipsy’s willingness to continue to offer the ipsy Shopper experience. We may discontinue the ipsy Shopper experience at any time, at which point your rights will terminate, and while we will make reasonable efforts to notify you in advance, your rights may terminate without additional notice to you. In addition, your rights under this Agreement will automatically terminate without notice from us if you fail to comply with its terms. In case of such termination, you must cease all use of the ipsy Shop, and we may immediately revoke your access to the ipsy Shop without notice to you and without refund of any purchases. Any failure to comply with these Terms or your Agreement, any fraud or abuse relating to the accrual or receipt of ipsy Cash or other rewards, or any misrepresentation of any information furnished to ipsy or its affiliates by you or anyone acting on your behalf may result in the termination of your participation in the ipsy Cash Program and forfeiture of your ipsy Cash and other rewards. Any decision we make relating to termination or suspension of any person’s use of ipsy Shopper or participation in the ipsy Cash Program shall be final and binding in all respects. You understand that we are the sole determiner in cases of suspected abuse, fraud, or noncompliance with these Terms or your Agreement. Our failure to insist upon or enforce your strict compliance with these Terms or your Agreement will not constitute a waiver of any of our rights. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the ipsy.com website. Your continued use of ipsy Shopper after the effective date of the revised Agreement terms constitutes your acceptance of the terms.

  2. PRODUCT MANUFACTURE AND INGREDIENTS

    We don’t manufacture any of the beauty products we send to you. All other Glam Bag or ipsy Shop items and products distributed with Offers and Points are manufactured by their respective brands. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. We review the ingredients in each beauty product we distribute to confirm the ingredients comply with industry standards. It is your responsibility to review the ingredients as well, to avoid allergic reactions or other side effects personal to you.

    U.S. residents who want to report a concern regarding any cosmetic product obtained from any source can contact the U.S. Food and Drug Administration at http://www.fda.gov/Cosmetics/ComplianceEnforcement/AdverseEventReporting/default.htm. Canadian residents can complete a Consumer Product Incident Report Form at www.hc-sc.gc.ca.

  3. Eligibility to Use the Site and ipsy Services

    General: You may access the Site from anywhere in the world without incurring any fees or becoming an ipster. However, you will be required to join ipsy and must be a legal resident of the United States or Canada to use certain Site features and ipsy Services.

    Residency: The Site is available to anyone in the world, but most of the ipsy Services are limited to legal residents of the United States or Canada. The Glam Bag Membership and the Points program are available to ipsters residing in the United States or Canada. Purchases made through ipsy Shopper and the ipsy Cash program are only available to ipsters residing in the United States. You must reside in the United States to be eligible for ipsy Offers. Please note that we may sell items or include products in Glam Bags that are classified as ORM-D, which prevents us from shipping them to certain locations. We make no guarantee that you will be eligible to receive every product we sell or distribute.

    Fees: It's free to use the Site and earn Points, but the Glam Bag Membership, ipsy Offers, ipsy Shopper and the ipsy Cash program services each require that you pay a fee or make a purchase.

    Age: You are not authorized to access or use the Site or any ipsy Service if you are under 13 years old. Individuals under 18 years old must at all times use the Site and ipsy Services only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user (or Site member or ipsy Glam Bag Member, if applicable) and will be responsible for any and all use of the Site and ipsy Services by the individual under 18.

    Compliance: To be eligible to use the Site and ipsy Services, you must comply with all local laws regarding online conduct and acceptable content and agree to pay all applicable taxes. Use of the Site is void where prohibited by law. You must also comply with these Terms of Use, the ipsy policy documents listed below (if applicable to your use of the Site or ipsy Services), and all other operating rules, policies, and procedures that ipsy may publish from time to time on the Site, each of which is incorporated herein by reference and each of which ipsy may update from time to time without notice to you:

    Certain ipsy Services may be subject to additional terms and conditions that ipsy may post on the Site from time to time. To be eligible for such services, you must comply with those additional terms and conditions, which are incorporated by reference into this Agreement. See Section 5 below for more information regarding modifications to these Terms of Use.

    ipsy's Right to Revoke, Suspend, or Restrict Eligibility: ipsy reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. ipsy may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any ipsy Service. If ipsy bans you from the Site or any ipsy Service, you may not return to the Site or use that ipsy Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the ipsy Service after you've been banned, you will be deemed to have breached this Agreement, and ipsy reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.

  4. GENERAL TERMS OF USE FOR OUR SITE AND ALL THE IPSY SERVICES

    Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify ipsy of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. ipsy will not be liable for any loss or damage arising from your failure to comply with this Section.

    Account Information: In the course of your use of the Site or ipsy Services, we may ask you for certain information including your name, email address, mailing address and credit card information (collectively, "Account Information"). Your Account Information must be up-to-date and accurate at all times. You agree that you are solely responsible for the accuracy and content of your Account Information. ipsy's Privacy Policy, which is incorporated herein by reference, explains what information we collect from you, how we collect it, how we use it, and how we protect it.

    Account Transfer Prohibited: You may not transfer or sell your ipsy account or username to any other party. You are fully responsible for all activity of your ipsy account and username.

    General Practices Regarding Site Use and Storage: You acknowledge that ipsy may establish general practices and limits concerning Site use and storage. You agree that ipsy has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that ipsy may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.

    Site Content: Other than content submitted to the ipsy Online Community by users ("User Content"), we own, exclusively, all rights, title, and interest in and to the Site including all content, code, data, materials, the look and feel, design, and organization of the Site, and the compilation of the Site content, code, data, and materials (collectively, "Site Content"), including all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we don't own any Site Content, we have secured a license from the owner or licensor of such Site Content granting us the right to display it on the Site. Your use of the Site does not grant you ownership of any kind in any Site Content. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Site Content without ipsy's prior written permission.

    You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.

    User Content: You must own all User Content you submit to any ipsy Online Community or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities in the ipsy Online Community and you submit User Content at your own risk.

    ipsy does not claim ownership rights in your User Content. When you submit User Content to any ipsy Online Community you grant us a license to use such content, but you retain ownership.

    By uploading User Content on the Site, you grant ipsy a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the User Content, in any form, media, or technology now known or later developed. You agree to allow ipsy to store, translate or reformat your User Content on the Site and display your User Content on the Site in any way ipsy chooses, for any purpose whatsoever, including for promotional or commercial purposes, without compensation or accounting to you and without further recourse by you. We will only use personal information in accordance with our Privacy Policy.

    Re-Posting User Content: It's possible for an outside website or third party to re-post your User Content. You agree to hold ipsy harmless for any dispute concerning such re-posting. ipsy assumes no responsibility for any third party's intellectual property infringement of User Content.

    Trademarks: The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed in the ipsy Online Community or through the ipsy Services are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear in the ipsy Online Community or through the ipsy Services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed in the ipsy Online Community without our written permission or that of the third-party rights holder.

    Prohibited User Conduct: You agree that while using the Site and ipsy Services, you shall not: (1) submit any content to the Site that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from ipsy, its affiliates, or another ipster; (3) misrepresent your affiliation with any third party; (4) post or republish third party advertising on any part of the ipsy Online Community; (5) attempt to gain unauthorized access to other computer systems through the Site; or (6) use the Site or ipsy Services in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion.

    Information on the ipsy Online Community: We control and operate the Site from the United States. ipsy does not control User Content postings to the remainder of the ipsy Online Community. The views expressed in the ipsy Online Community do not necessarily reflect or represent the views of ipsy, its staff or stylists.

    ipsy reserves the right, but does not and shall not have an obligation, to monitor and review all User Content in the ipsy Online Community and to edit or remove any information or materials that are in violation of this Agreement or applicable law. ipsy also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.

    You may find some User Content to be offensive or inaccurate. If you have concerns regarding User Content posted by others, please contact ipsyCare at help.ipsy.com/customer/portal/emails/new. We will review your concerns in good faith. If you want us to remove User Content posted by you, please contact ispyCare at help.ipsy.com/customer/portal/emails/new. We will remove your User Content as soon as reasonably possible. Please also review our Copyright and Intellectual Property Policy.

    Linking to the Site: You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.

    Fees and Billing: Prices are quoted in U.S. dollars. You agree to pay in full the price for each ipsy Service involving your purchase of a product by credit card, debit card, or by any other payment means acceptable to ipsy as each payment, if any, is due. You agree to pay all applicable taxes, if any. If ipsy does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

    • AUTOMATIC RENEWAL TERMS: For ipsy Services subject to automatic renewal, you agree that ipsy may submit periodic charges (monthly or yearly) until you provide notice that you wish to terminate the authorization or change your payment method. You agree that such notice will not affect charges submitted before ipsy could reasonably act.

    Our total price for any ipsy Service involving your purchase of a product (Glam Bag Memberships and ipsy Offers services) will include the price of the product plus any applicable sales taxes. Such sales taxes are calculated based on the shipping address on file with ipsy and the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable. Further, Points redeemable for Rewards may be taxable, depending on the value of the item and any tax laws applicable to you. You are solely responsible for reporting such items on your tax returns and for paying any associated tax liability.

    Unless otherwise indicated, our total price for any ipsy Service involving your purchase of a product will include shipping and handling fees. Glam Bag shipments to Canada are subject to a shipping fee.

    Risk of Loss: A third-party carrier will ship any merchandise you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

    Professional Advice Disclaimer: Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. When appropriate, you should seek independent professional advice.

    Warranty Disclaimer: IPSY AND IPSY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND IPSY SERVICES "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. IPSY AND IPSY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM IPSY TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

    YOU AGREE THAT YOUR USE OF THE SITE, THE IPSY ONLINE COMMUNITY, AND THE IPSY SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT IPSY HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.

    Liability Limit: IN NO EVENT SHALL IPSY OR IPSY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR IPSY SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

    THE LIABILITY OF IPSY AND IPSY'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO IPSY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    Indemnity: YOU AGREE TO INDEMNIFY AND HOLD IPSY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. IPSY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH IPSY'S DEFENSE OF SUCH CLAIM.

    LEGAL DISPUTES

    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND IPSY HAVE AGAINST EACH OTHER ARE RESOLVED.

    If a dispute arises between you and ipsy, we are likely to be able to resolve your matter quickly and to your satisfaction.  Please contact our customer support team by sending us an email at http://help.ipsy.com/customer/portal/emails/new.  Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible.  We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.

    If you are a resident of the U.S. or Canada, and you have availed yourself of our customer service department without satisfaction, you and ipsy all agree to resolve any remaining dispute arising out of or related to this Terms of Service, the Privacy Policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the exceptions to Agreement to Arbitrate sub-section. It also applies even after you stopped using ipsy Shopper, are no longer an ipsy glam bag Subscriber, and/or have deleted your ipsy account. 

    An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and ipsy each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings.  For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award.  If either ipsy or you do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

    If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

    Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.

    YOU AND IPSY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND IPSY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

    If a dispute arises between you and ipsy, we are likely to be able to resolve your matter quickly and to your satisfaction.  Please contact our customer support team by sending us an email at http://help.ipsy.com/customer/portal/emails/new.  Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible.  We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.

    If you are a resident of the U.S. or Canada, and you have availed yourself of our customer service department without satisfaction, you and ipsy all agree to resolve any remaining dispute arising out of or related to this Terms of Service, the Privacy Policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the exceptions to Agreement to Arbitrate sub-section. It also applies even after you stopped using ipsy Shopper, are no longer an ipsy glam bag Subscriber, and/or have deleted your ipsy account. 

    An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and ipsy each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings.  For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award.  If either ipsy or you do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

    If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

    Exceptions to Agreement to Arbitrate.

    We all agree that we will go to court to resolve disputes relating to:

    • Your or ipsy’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or
    • Any claim made in small claims court either in Santa Clara County, California, in the country where you live, or some other place we both agree on, if it qualifies to be brought in that court.
    No Class Actions.

    We all agree that we can only bring a claim against each other on an individual basis.

    That means:
    • Neither you nor ipsy can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
    • The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
    • The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other users of our Service, and cannot be used to decide other disputes with other users.

    The Arbitration Process.

    The American Arbitration Association (AAA) will manage the arbitration between you and ipsy, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.

    You are allowed to select the arbitration location as being in the county or province where you live or in Santa Clara County, California.  We can also choose a third location if we mutually agree. 

    If your claim is for less than $10,000 (US), you do not need to attend the arbitration in person.  You can have a hearing by phone. If your claim is for more than $10,000, we will look to and follow the AAA for guidance.

    While most arbitrators render a verbal decision, both you and ipsy have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, ipsy and/or you can ask a court to confirm it.  In some very limited circumstances, we may be allowed to ask a court to change the decision or award.  This is information you will be provided should the arbitration process prove unsatisfactory.

    Arbitration Costs.

    If your claim is for $10,000 (US) or less, ipsy is open to paying your filing, administration and arbitrator fees associated with the arbitration, upon request to the AAA.  You must tell the AAA at the time you begin the arbitration proceeding.  ipsy will be notified of your request.

    If your claim is for more than US $10,000, and arbitration is too expensive for you to afford when compared to filing a lawsuit in court, ipsy will pay for as much of your part of the filing, administration and arbitrator fees as the arbitrator decides is necessary to make the arbitration not too expensive for you.

    We won’t try to have you pay us back for covering your fees and we won’t try to make you cover our fees unless the arbitrator decides that your claims are frivolous and it is fair to make you do this under the circumstances.

    Applicable Law.

    The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether these dispute resolution provisions regarding arbitration and class action can be enforced and how they should be interpreted.

    Apart from that, if you are U.S. resident, these terms and our relationship will be governed by California law, except for its conflicts of laws principles. If you reside outside of the U.S., these Terms of Service and our relationship will be governed by English law, except for its conflicts of laws principles.

    Any dispute or claim arising from or relating to the Agreement or the ipsy Shopper is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in these Terms of Use.

    Choice of Law: This Agreement shall in all respects be governed by the laws of the State of California and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement.

    No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and ipsy's failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.

    Entire Agreement: These Terms of Use, together with our Privacy Policy, Cookie and Tracking Policy, Copyright and Intellectual Property Policy, Community Guidelines, and all other operating rules, policies, procedures, and additional terms that ipsy may publish from time to time on the Site, constitutes the entire agreement between you and ipsy concerning your use of the Site and ipsy Services. ipsy reserves all rights not granted under this Agreement.

    Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

    No Agency: You and ipsy are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

    Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to ipsy must be given by postal mail to ipsy, Attention: Legal Department, 201 Baldwin Ave. 2nd Floor. San Mateo, CA 94401. Any notice to you may be given: (1) to the email address you provide to ipsy during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to ipsy, in which case notice will be deemed sufficient three days after the mailing date.

    For intellectual property issues, please provide notice as specified in ipsy's  Copyright and Intellectual Property Policy.

    Survival: The provisions of this Section 4 shall survive termination or expiration of this Agreement.

  5. MODIFICATIONS TO TERMS OF USE

    We may change the Agreement or these Terms of Use at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Use for revisions. Changes in the Terms of Use will be effective when posted. If ipsy makes a material change, ipsy will notify you here in this Terms of Use Agreement or by any other means we deem appropriate. ipsy may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Site or any of the ipsy Services after we have modified this posting will constitute your acceptance of any changes.

List of ipsy Shop Retail Partners